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'Deemed qualification' provision
not discriminatory: Arbitrator
Union said provision
allowing workers to skip
assessment discriminated
against certain applicants
BY JEFFREY R. SMITH
AN ONTARIO employer's collective agreement pro-
vision requiring employees to have a certain amount
of service time to skip the evaluation process for inter-
nal job postings was not discriminatory against new
mothers, an arbitrator has ruled.
The City of Toronto's collective agreement with
its union, the Canadian Union of Public Employees
(CUPE) Local 79, enshrined a process for determining
qualifications of existing employees for posted posi-
tions. The agreement stipulated that if an employee
May 23, 2016
ARBITRATION
AWARDS
Call centre employees grieve after being forced to work weekends pg. 8
A&D Prevost — Que. pg. 3 AT Limited Partnership — N.B. pg. 3 World Ship
Services at Stewart World Port — B.C. pg. 4 Air Canada — Multiprovince pg.
5 Brookville Manufacturing Company — N.B. pg. 5 City of Winnipeg — Man.
pg. 6 Nova Scotia Construction Labour Relations Association — N.S. pg. 6
COLLECTIVE
AGREEMENTS
Photo:
g-stockstudio
(Shutterstock)
pg. 2
Toronto Public Library
Board ratifies deal
Four-year agreement
addresses issue of
prevarious work
ARBITRATION
AWARDS
COLLECTIVE
AGREEMENTS
see Benefit > pg. 7
CUPE said a provision requiring workers to have a certain amount of service time to
apply for job competitions was discriminatory against a women on pregnancy leave.
see Collective agreements > pg. 3 see Arbitration > pg 8
Special needs assistant
awarded general damages for
discrimination, humiliation
KAREN MORRISSEY had
worked for the Toronto District
School Board for more than 27
years, spending more than 15
years as a special needs assistant.
In August 2013, she was found
to have permanent restrictions,
including an inability to walk long
distances, kneel or crouch. Mor-
rissey was accommodated for two
TRANSPORTATION
Porter Airlines
Toronto
(130 customer service employees) and Unifor Local 2002
Renewal agreement: Effective
April 27, 2015, to April 26, 2018.
Signed on April 24, 2015.
Shift premium: $2.50 per hour
for lead hands.
Paid holidays: 9 days.
Vacations with pay: 0.83
days per month of service to a
maximum of 2 weeks to start,
2 weeks after 1 year, 3 weeks
